BUSINESSMAN and Zanu PF MP for Zvimba South Philip Chiyangwa has been taken to court for failing to pay maintenance and school fees for the two children he had with ex-wife Pamela Rusere.
The couple’s children have, according to court papers, been barred from entering school premises in South Africa over fees arrears.
In her application for correction and variation of the maintenance order under case number HC7099, Rusere said Chiyangwa had ignored messages informing him that the children’s fees were due after schools in the neighbouring country opened on January 12.
“The minor children have now been dismissed from school as the grace period has lapsed and, therefore, are not attending school and this is taking a toll on them and affecting them psychologically as the dismissal is embarrassing for them.
“The dismissal is also interfering with their right to education which is a constitutionally entrenched right,” Rusere submitted.
“The children are suffering irreparable harm and prejudice, each day that they are not in school as they will not have a chance to catch up on any class that they have missed.”
Chiyangwa asked the court for variation of his $40 000 maintenance to $8 000, which was granted in default.
Rusere said Chiyangwa was refusing to pay maintenance and school fees for the minor children.
Rusere is challenging the variation saying Chiyangwa’s lawyer, Itayi Ndudzo, misled the clerk of court into believing that the payment of maintenance was stayed by the High Court.
“Chiyangwa is now using the new order for stay as a basis of his defence that he cannot be asked to pay maintenance because such an order has been stayed, thus absolving him of any responsibilities pending the determination of his application for rescission, which I must add, he is not interested to pursue as at the date of this application he has not filed an answering affidavit to a notice of opposition served on him on December 15, 2021 to allow the matter to be finalised,” she
She is seeking an order compelling Chiyangwa to continue paying the $40 000 monthly maintenance pending the variation appeal.
“An order for maintenance may not be stayed completely as the interests of minor children are paramount and must not be prejudiced,” Rusere said.